The board of Gatoto Comprehensive School has highlighted its long history of managing the institution as it opposed a government bid to suspend implementation of a court order directing that the school be handed over to its directors.
The dispute over the management of the school in Mukuru Kwa Reuben returned before Justice Gregory Mutai on Wednesday, with the Attorney General seeking interim orders pending the determination of a stay application filed before the Court of Appeal.
The High Court had previously directed that ownership and management of Gatoto Community-Based Primary School be restored to the petitioners, the school’s board.
The court also directed that the institution be registered as a private, non-profit Alternative Provision of Basic Education and Training (APBET) institution.
The State has since challenged the implementation of the orders, arguing that transferring the existing management risked disrupting the school’s operations, including the teaching of pupils preparing for national examinations.
Appearing for the Attorney General, State counsel said the best interests of the children should guide the court in determining whether the orders should be implemented immediately.
Counsel argued that implementing the judgment would require teachers currently employed under the Teachers Service Commission and members of the existing management structure to be transferred.
“There are transfer and baggage claims allowances that must be set aside. You can't transfer people without sufficient notice,” counsel told the court.
The government further argued that Gatoto had operated as a public school since 2003 and that changing the management structure would disrupt an existing system that had been in place for years.
Counsel said the pupils were preparing for national examinations scheduled for October and could be adversely affected by changes to the school's management and staffing.
“We request the court to look at the best interest of the children,” counsel submitted, asking the judge to maintain the status quo pending the determination of the stay application before the Court of Appeal.
The Attorney General's side maintained that substantial loss had been demonstrated and urged the court to grant interim orders while the appellate court considers the stay application.
The board, however, opposed the government's position, contending that it had a long history of running the institution and had established systems to support its operations.
Their lawyers argued that the court had already determined the dispute in June 2025, declaring Gatoto a private, non-profit APBET school and ordering its management to be restored to the petitioners.
They questioned why the government was seeking to delay implementation of the judgment.
The petitioners said they had hired teachers and staff and operated programmes, including provision of food, since the school's establishment.
They further argued that they have been in possession of the school for 30 years.
They opposed the suggestion that implementation of the judgment should be delayed, arguing that doing so would amount to another attempt to frustrate the handover of the school.
The board further contends that there could not be parallel applications over the same dispute before different courts, describing the government's application as an abuse of the court process.
"This is a wastage of the court's time coming 14 months after delivery of judgement," counsels submitted.
A ruling on the stay application is set for August 14, 2026.
The Gatoto dispute has already drawn the attention of senior security and education officials after the court summoned Inspector General of Police Douglas Kanja to explain why previous orders on the school's management had not been implemented.
Kanja appeared before the court last month and said he was ready to comply with the orders but needed to understand the challenges that had delayed their execution.
The court subsequently directed Kanja and the Deputy Inspector General to ensure adequate security during the handover scheduled for tomorrow, August 13, with the matter scheduled for further mention to assess compliance.
